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How Tinubu defeats Atiku, Obi at Presidential Election Tribunal

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It was a matter of great suspense throughout the duration of the case. Now, All Progressives Congress members can go home to sleep soundly. Why? The Presidential Election Petition Court threw the case filed by Labour Party’s candidate, Peter Gregory Obi, Peoples Democratic Party, PDP and the Allied Peoples Movement, APM, and their candidates against the election of President Bola Tinubu into the trash can.

Justice Haruna Tsammani said Obi’s case “lacked material facts and unmeritorious”, saying that 10 of the 13 witnesses who gave evidence “were rejected for not being frontloaded with the petition, thus violating section 285 of the Nigerian constitution, section 137(7) of the Electoral Act 2022.” In other words, all evidence accompanying a petition must by law be filed within 21 days. Obi’s men failed to do that; a terrible error!

He added that by virtue of “section 285 of the Nigerian constitution, section 137(7) of the Electoral Act 2022, and other provisions, every witness statement on oath must be filed along with the petition.” Based on some precedents at the Supreme Court, Tsammani said, “once the 21 days window for filing an election petition lapses, the content of the petition cannot be amended.”

Worse still, reports of forensic analyses tendered by Obi’s three witnesses were thrown out of the window “for either being made during the pendency of the case or made by an interested party who would benefit from the outcome of the petitions.”

Not only that, the court rejected the European Union report on the 25 February presidential election on the grounds that they “were not tendered by an official of the body which is the author and has the custody of the document.”

All the issues raised by Labour Party’s Peter to disqualify Tinubu and Shettima and nullify their election were thrown to the scrap heap by the court.

Tribunal verdict, a welcome devt — Tinubu

Reacting to the verdict, President Bola Tinubu, yesterday, described it as a welcome development.

Tinubu also assured Nigerians of his renewed and energized focus on delivering his vision of a unified, peaceful and prosperous nation.

In a statement by Special Adviser on Media and Publicity, Mr Ajuri Ngelale said the verdict will propel him to serve Nigerians.

The statement reads: “President Tinubu welcomes the judgment of the Tribubal with an intense sense of solemn responsibility and preparedness to serve all Nigerians, irrespective of all diverse political persuasions, faiths, and tribal identities.

“The President recognizes the diligence, undaunted thoroughness, and professionalism of the five-member bench, led by Justice Haruna Tsammani in interpreting the law.

The President affirms that his commitment to the rule of law, and the unhindered discharge of duties by the Tribunal, as witnessed in the panel’s exclusive respect for the merits of the petitions brought forward, further reflects the continuing maturation of Nigeria’s legal system, and the advancement of Africa’s largest democracy at a time when our democratic system of government is under test in other parts of the continent.

“The President believes the Presidential Candidates and Political Parties that have lawfully exercised their rights by participating in the 2023 general elections and the judicial process, which followed, have affirmed Nigeria’s democratic credentials.

“The President urges his valiant challengers to inspire their supporters in the trust that the spirit of patriotism will now and forever be elevated above partisan considerations, manifesting into support for our Government to improve the livelihood of all Nigerians.

“Once more, President Tinubu thanks Nigerians for the mandate given to him to serve our country while promising to meet and exceed their expectations, by the grace of God Almighty, and through very diligent hard work with the team that has been put in place for that sole purpose.”

It’s victory for democracy—Sanwo-Olu

GOVERNOR Babajide Sanwo-Olu of Lagos State, yesterday, congratulated President Bola Tinubu for the victory at the Presidential Election Petition Court, and described it as “another well-deserved victory.”

In a statement by his Chief Press Secretary, Mr Gboyega Akosile, said the All Progressives Congress, APC, worked very hard for the victory enjoyed at the February 25th presidential election.

“The Presidential Election Petition Court’s decision, which was in favour of the President is comforting and also an affirmation of the will of over eight million Nigerians who filed out to cast their ballots for the APC and President Tinubu as their choice.

“What we are witnessing today is the beauty of democracy and the rule of law. We had an election in February this year where over eight million Nigerians voted to elect Asiwaju Bola Tinubu as the President of the Federal Republic of Nigeria.”

Time for sober reflection—ADEGBORUWA, SAN

Also reacting yesterday, activist and lawyer, Mr. Ebun-Olu Adegboruwa, SAN, yesterday, said: “The verdict of the Presidential Election Petition Court was not totally unexpected, given the stark realities facing us as a nation and the state of the law.

“The principles of presumption of regularity of elections and that of substantial conformity make it extremely difficult to prosecute elections successfully.

“In this particular case, the burden placed upon the petitioners in order to upturn the election was practically insurmountable. To make matters worse, INEC practically fought the petitioners to a standstill, as if it was an interested party in the whole process.

“I honestly don’t think anyone expected a different verdict from what was delivered in Abuja today, particularly the lawyers. The tension was completely unnecessary. This is why we emphasize always that the focus of anyone hoping to birth a true change in our electoral history should be on the electoral umpire.

“Without first unbundling INEC to make it more independent, non-partisan and effective, anyone declared “winner” will most often coast to victory in the election tribunal.

“Today’s verdict should be a reason for sober reflection by all, especially for the parties in court, their lawyers and all lovers of democracy. The petitions could have been decided purely on points of law and within a few days of the election.

“There can be no real victory in the resolution of the legal issues by the court when the fabric of our democratic engagements seems to have been hijacked and compromised. Part of the lesson in this process is for us to go back and review the electoral process and the litigations following it. INEC as it is presently constituted cannot birth any credible election in Nigeria.”

 

 

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